When the smoking ban was passed it required rules to be written to determine its implementation. One of the rules widened the definition of private clubs to include the typical FVW hall. The law said a private club was exempt from the smoking ban if, among other requirements, it had no employees. The drafted rules specified that if an employee was also a member then, for the purposes of the smoking ban, he was not an employee.
That law was struck down throwing most VFW and other private clubs back into the ban.
The next test of the smoking ban is scheduled for Nov 18th. This is a challenge of the entire ban as unconstitutional.